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· 5/2/1973

Beer Nuts, Inc. v. King Nut Company

Citations

  • 477 F.2d 326
  • 17 Fed. R. Serv. 2d 760
  • 177 U.S.P.Q. (BNA) 609
  • 1973 U.S. App. LEXIS 10160

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that public interest in guarding against depletion of general vocabulary insufficient to override contract law
  • concluding that party could not challenge a trademark as a descriptive word because it had contracted out of that recognized defense
  • holding that public interest in guarding against depletion of general vocabulary insufficient to override contract law
  • holding that “the public interest in [trademarks] ... is not so great that it should take precedence over the rule of the law of contracts that a person should be held to his undertakings”
  • holding that a prior settlement agreement recognizing the validity of the plaintiff’s trademark precluded the defendant’s claim that the mark had become descriptive in a later infringement suit as “an attack upon the validity of the trademark”
  • holding that a prior settlement agreement recognizing the validity of the plaintiff’s trademark precluded the defendant’s claim that the mark had become descriptive in a later infringement suit as “an attack upon the validity of the trademark”

Source: CourtListener parenthetical corpus (CC0).

Judges: Phillips, Celebrezze, McCree

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.